"N major changes in social insurance law" brings to us

In July 1st, "the implementation of social insurance law of the people's Republic of China". The promulgation and implementation of it, is another milepost of human resources and social security legal system construction in our country, for the establishment of a social security system covering both urban and rural residents, to better protect citizens' participation in social insurance and to enjoy social insurance treatment of the legitimate rights and interests of citizens, to share the development achievements, promote the construction of the socialist harmonious society, have very important significance.

 

   For the full implementation of "social insurance law", maintain the insured and the employer's social security rights and interests according to law, the relevant provisions of the "social insurance law", Shanghai City Hall recently intensive issued 9 documents, have been adjusted to a series of social security policy, further efforts to increase security. From July 1st onwards, in addition to the people in foreign workers to the city and suburban employment unit personnel into the scope of social insurance for urban workers; also the relevant policies of pension, medical, unemployment, work injury, maternity insurance made adjustments.

 

 

 

Foreign workers: from the comprehensive insurance"Paul city"Transformation, the base pay5Years of transition

 

   According to the original provisions of this city, foreign workers in the city's comprehensive insurance. It is reported, at present the number of Shanghai to participate in the comprehensive insurance about 4000000 people. Under the new provisions, foreign workers in the future and the city employers to establish labor relations, shall participate in the social insurance for urban workers, and pay social insurance fees in accordance with the provisions of the city, and the proportion of base pay.

 

 

Key word1Suitable crowd
Different non urban household registration hukou and urban migrant workers

   Where an employment relationship with the employer of foreign workers, shall take part in urban workers pension, medical, injury, maternity, unemployment and other social insurance in the city.

   Among them, the foreign workers to urban registration rules in insurance and pay social insurance for urban workers in the city and the urban household registration staff completely consistent; non urban household registration staff at present in accordance with the provisions in the pension, medical, work injury of three social insurance.

 

 

Key word2Interim
Non - urban household registration of foreign workers, payment base5Years of transition

 

   Considering the policy adjustment involves a wide range of people, social impact, and the burden of enterprises and individuals are greatly increased, therefore, to achieve a smooth transition, the city on the non urban household registration of foreign workers to set two transition: one is the transition to the three risk categories, now, the time is ripe to the other; second is the payment base transition, in 5 years time gradually with the "city of protection" standard.

   Non urban household registration staff of foreign workers, can take payment transitional measures. After a consultation with the employing unit consistent, can also be directly according to payment payment base current to the city social insurance for urban workers provisions.

   Foreign employees of urban residence, not a transitional period.

 

 

Key word3Base pay
For the transition period of migrant workers,2011The annual base pay1558Element

 

   Foreign employees of urban residence, and the same pay "payment base city.".
   In accordance with the transitional measures for the payment of non urban household registration of foreign workers, base pay for 5 years of transition, the specific payment base, see table 1. For example, in 2010 the average wage of workers in the city of 3896 yuan for the month, according to the provisions of the insurance period, non urban household registration of foreign workers individual base pay 2011 annual average wage for workers in the city last year on the 40%, that is 1558 yuan.

 

Table1: non urban household registration of foreign workers Interim Payment base

Note 1: my annual average monthly wage income is higher than the upper part of the annual average wage of workers over 300% are not included in the base pay, is less than the annual average wage of workers 60%, determined by the average wage of workers in the city last year of 60% months.

 

   Reportedly, the original employer to pay insurance premiums comprehensive base for the total number, its use of foreign workers the average wage of workers in the city by more than 60% month of the year. No unit of foreign workers to pay insurance premiums comprehensive base, the average wage for workers in the city last year of 60% months.

 

 

Key word4: the proportion of payment
Non - urban household registration of foreign workers individual payment proportion9%

 

   According to the non - urban household registration of foreign workers to pay the payment proportion transition: the proportion of payment units and individuals amounted to 37.5% of base pay. Among them, people need to pay old-age insurance 8% 1%, medical insurance, work-related injury insurance instead of individual, a total of 9%.

 

Key word5: enjoy treatment
Pension, medical and industrial injury insurance treatment has greatly improved

 

● The old-age insurance benefits: according to the provisions of remote transfer, meet the conditions can also be in the city pension

 

   Foreign workers to participate in social insurance for urban workers, endowment insurance benefits, the individual pay 8% of the pension insurance fees, included all individual accounts, the basic old-age insurance according to the relevant provisions of national and city land transfer, reach the statutory retirement age of retirement pension is determined in the city, according to the provisions made pension.

 

● The medical insurance treatment: according to the provisions of outpatient and inpatient enjoys treatment of medical treatment insurance

 

   Practitioners from non urban registration to participate in social insurance for urban workers from the second month, according to the provisions of outpatient and inpatient enjoys treatment of medical treatment insurance. The outpatient treatment of medical treatment insurance, the premium for basic medical insurance included all my personal medical account (outpatient special). 2011 to the year 2014 (transition period), the basic medical insurance personal monthly pay fee less than 30 yuan, individual medical accounts included in the standard 30 yuan per month to perform. Personal medical account (outpatient special) can be used for emergency medical insurance designated drugstore drugstore and the city medical insurance designated medical institutions in the city for medical treatment, spent so far; hospitalization and emergency observation room, medical treatment, pay the medical expenses of non urban household registration of foreign workers or the hospital emergency observation room stay in hospital for observation, according to the relevant provisions of the non urban household registration; foreign workers do not enjoy the clinic serious and domestic sickbed medical treatment. The scope of payment, payment standard and transfer, according to the relevant provisions of the basic medical insurance for urban workers execution.

 

● Treatment of inductrial injury insurance: in accordance with the relevant provisions of the implementation of industrial injury insurance

 

   Foreign workers after insurance, accidental injury or suffer from occupation disease in the work, the ascertainment of a work-related injury, the labor ability assessment, treatment of inductrial injury insurance project standards and apply for payment and related legal responsibilities, in accordance with the relevant provisions of the implementation of industrial injury insurance. The work can be provided for the implementation of "Shanghai city" work injury insurance treatment project standards and payment of disability grade 1 to grade four non urban household registration of foreign workers, enjoy treatment of inductrial injury insurance, can also according to "Regulations on migrant workers to participate in the relevant problems of industrial injury insurance" informed choice according to receive a one-time way to enjoy. Treatment of inductrial injury insurance to receive a one-time, termination of the relationship between the industrial injury insurance.

 

 

 

 

The employer's personnel: small town social security to the suburbs"Paul city"The proportion of payment3Years of transition

 

   Under the new rules, the city within the scope of the employing unit and its practitioners have household registration in the city, should also participate in the social insurance for urban workers. It is reported, this part of the crowd had to pay is the small town social security, the current pay small town social security employees 589500 people. Because this part of the crowd, very early into the "capital city" desire, so the policy adjustment is a boon to the people.

 

Key word1Suitable crowd
At the same time with the employer in the suburbs and the household registration in the city for two conditions

   The outskirts of the city within the scope of the employer and has this city census register personnel, should participate in the urban workers pension, medical, injury, maternity, unemployment and other social insurance in the city. The employing units in the suburbs and the household registration in the city for the two conditions, must also have the. 2011 June still in small urban social insurance payment of the employer and the city domicile of the practitioners, 2011 July should stop in a small town social insurance payment, to participate in social insurance for urban workers.

 

Key word2Interim
Unlike the transition mode of foreign personnel, the proportion of payment3Years of transition

   During the period of 2011 July to 2014 March, the city within the scope of the employing units and have household registration in the city for practitioners in to "City Bao", base pay and pension insurance, medical insurance payment rate can be a gradual transition; transition and non urban migrant workers type is different, the individual base pay according to the average wage workers in the city last year on 60% identified; old-age insurance, medical insurance payment rate, with 3 years of transition.

 

Key word3Base pay
According to the average wage of workers in the city last year month60Determine

   The employees in accordance with the transitional measures employers pay suburbs, determine the specific measures for the base pay: base pay per unit unit individual month base pay and the individual base pay, according to the average wage of workers in the city last year on 60% identified. If the average wage of workers in the city in 2010 was 3896 yuan monthly, according to the transition period, from July to 2012 in 2011 March, according to the transitional measures for payment of suburban practitioners unit individual base pay the average wage for workers in the city last year on the 60%, that is 2338 yuan.

 

Key word4: the proportion of payment
2011The total annual individual payment ratio6%

   Endowment insurance and medical insurance payment rate by 3 years of transition (see Table 2), the year 2011 a total of 6% individual payment ratio. The proportion of payment of work-related injury insurance, birth insurance and unemployment insurance, in accordance with the relevant provisions of the implementation of social insurance for urban workers. If the employing unit and its practitioners in the suburbs, by consensus, can be directly according to the existing provisions of the insured to pay social insurance for urban workers.

 

Table2: personnel unit suburbs, transitional pension and medical insurance payment ratio

 

 

Key word5: enjoy treatment
Social insurance treatment with"Paul city"

   The suburb with staff person units to participate in social insurance for urban workers, enjoy social insurance benefits, executed in accordance with the relevant provisions of social insurance for urban workers in the city; participated in the urban social insurance, workers in small town social insurance and rural social endowment insurance personal, social insurance and social insurance funds in accordance with the relevant provisions of the urban social insurance in the city workers transfer cohesion; to participate in the basic old-age insurance and basic medical insurance personal, reach the statutory retirement age when the cumulative contribution of over 15 years, can receive a monthly pension and enjoy basic medical insurance benefits; participated in social insurance for urban social insurance, staff and workers in small towns people unemployed, the time limit for unemployment insurance gold, according to the "measures" of unemployment insurance in Shanghai city and Shanghai city "small urban social insurance" interim measures were approved in accordance with the provisions of subsection, consolidated. After combined computation, the unemployed continuous period of receiving unemployment insurance compensation for no longer than 24 months.

 

 

Pay"Paul city"Personnel:5Insurance payment adjustment

   In accordance with the overall national plan, the city conducted research on how to implement the "social insurance law", some policy issues, clear the existing in the "social insurance law" in, but also directly relates to the insured enjoy social insurance treatment, therefore, the implementation of the Shanghai in July 1st "social insurance law" before the time of the 5 major insurance series adjustment.

Old-age insurance: insurance personnel after the death of the account balance and pay pay adjustment

   According to the provisions of the policy after adjusting for urban workers, the basic old-age insurance after the death, the basic old-age insurance individual account balances, can one-time send its inheritor determined through legal procedure.

   In addition, to participate in the on-the-job personnel of basic old-age insurance for urban workers in the city and retirees (organs, institutions of staff, retired personnel except) after death, in accordance with the regulations issued on the funeral allowance, dependent immediate family members of relief, the cost of the basic pension funds as a whole town paid, not paid by the the employer.

    Case:A retired in June this year in 2009, July 5th, died of sudden illness, personal pension accounts and balance of 36000 yuan, the 36000 yuan, identified by the statutory procedures heirs can receive a one-time.

Medical insurance: to not pay the first payment and part of the adjustment

   According to the regulations after the adjustment of the policy, the basic medical insurance fund does not grant to pay range: should be paid from the work injury insurance fund in third, by people from the burden, by public health burden, in overseas visits.

   The medical expenses according to law shall be borne by third, third of people do not pay or can not be identified third people, to pay the basic medical insurance fund. The basic medical insurance fund to pay, have the right to claim compensation from the third person.

    Case:A hospitalization for be traffic accident injured, but the traffic accident to escape, the public security organ is still under investigation, the hospital medical expenses, it is by individuals advance. The implementation of "social insurance law", a situation, which shall consist of third people burden, but third people do not pay or unsure about third people, so the medical expenses, will first be paid from the funds of basic medical insurance, and then to the third party.

Unemployment insurance: unemployment insurance and the unemployment situation has ceased adjustment

   According to the relevant provisions of "social insurance law", the city of the unemployed to participate in the basic medical insurance and stop payment of unemployment insurance of adjustment.

    Change1: unemployment in the period of receiving unemployment insurance benefits to enjoy the same treatment of medical treatment insurance employees

   After July 1st, the unemployed will enjoy the same and the staff medical insurance during the period of receiving unemployment insurance.

   In accordance with the unemployment insurance policy adjusted, during unemployed personnel is getting unemployed insurance gold, to participate in the basic medical insurance for urban workers, enjoy basic medical insurance benefits. The unemployed to pay the basic medical insurance costs paid by the unemployment insurance fund, individuals do not pay the premium for basic medical insurance. During unemployed personnel to participate in the basic medical insurance for urban workers, no longer enjoy unemployment insurance measures "provisions" Shanghai unemployed Medicaid policy.

    Change2: stop to enjoy unemployed insurance treatment object adjusted

   The "measures" Shanghai city unemployment insurance provisions on pause and stop to get unemployed insurance gold to:

   Unemployed personnel in any of the following circumstances, stop to get unemployed insurance gold, and stop enjoying other unemployment insurance benefits: (a) the re employment; (two) should conquer the military service; (three) moved abroad; (four) enjoy the basic old-age insurance benefits; (five) admitted to full-time secondary school or higher learning; (six) without justifiable reasons, refused to accept the appropriate work to introduce the public employment service agency or provide training. After the adjustment, once again emphasized the role of unemployed insurance gold to promote the positive significance of obtain employment of personnel of unemployment, "without justifiable reasons, refused to accept the appropriate to introduce the work of public employment service agencies to provide training for the unemployed or" stop payment of unemployment insurance.

    Case:Xiao Yang, relatively affluent family, after graduating from University, work to a company, but you work too hard to quit, after losing a public employment service agency introduced him to several suitable for his job, he was too hard for refusing, a special "neet group". Like the unemployed Xiao Yang, do not accord with the requirement that gets unemployed insurance gold.

The industrial injury insurance: food allowance, disability grants were adjusted

   According to the "social insurance law", "industrial injury insurance regulations" the relevant provisions, the adjust the provisions about the one-off disability subsidy plan hair standard, plan hair base, and the specific standards for medical subvention disposable work-related injury and disability employment allowances to pay channels, regulations etc..

    Change1Staff: inductrial injury hospitalization injury, food subsidies by the units issued to fund payment

   In accordance with the provisions of the adjusted policy, working injury hospitalization injury, by inductrial injury insurance fund to 20 yuan per person per day food subsidies; through the city medical insurance designated medical institutions certifying, agree to quote inductrial injury insurance agencies, work-related injuries to other provinces and cities for medical treatment, by inductrial injury insurance fund to 150 yuan per person per day accommodation, traffic fee according to the industrial injury insurance agencies approved vehicle ride cost reimbursement. While the original "Shanghai city industrial injury insurance measures" provisions, working injury hospitalization injury, by the unit where the food subsidy standards in accordance with this unit on mission 70% to hospital food subsidies; approval to cities outside the hospital, the transportation, accommodation costs travel reimbursement by the unit in accordance with the standard of practitioners of the the unit on duty.

    Case:Wang injury hospitalization injury, hospital food subsidies, according to the original provisions of the company shall be the paid, but the unit fails to pay, the legitimate rights and interests of wang. The July 1st policy adjustments, such as Wang hospitalization injury, if the local doctor, will from the work injury insurance fund according to the standard of 20 yuan per person per day to pay the hospital food subsidies, to ensure that workers enjoy relevant treatment.

    Change2: a one-time grants for the disabled according to the newly revised "industrial injury insurance regulations" has been adjusted

   The injured personnel were identified as a level to the ten level disability, enjoy a one-time grants for the disabled is paid by the work-related injury insurance funds, adjusted standard: the level of disability, wounded the average monthly payment of wages for the first 12 months of injury personnel 27 months; two level disability, for 25 months; three disability level, for 23 months; four level disability, for 21 months; five level disability, for 18 months; six level disability, for 16 months; seven level disability, for 13 months; eight level disability, for 11 months; nine disabled, for 9 months; ten level disability, for 7 months. According to the above provisions of hair of one to ten injured personnel one-time grants for the disabled is lower than the 2010 year average wage of workers multiplied by the "Shanghai city industrial injury insurance implementation measures" provisions of the corresponding disability grade number of months of the product, the difference in part by the fund of inductrial injury insurance to be filled.

    Case:Xiao Yang injury, was identified as the maimed workers three injured, the average monthly payment of wages in the first 12 months of 4100 yuan. The disposable disability subsidy policy adjustment after the, increased from the original 20 months to 23 months, an increase of 3 months, i.e. RMB 4100 * 3 = 12300 yuan. It must be noted that, in accordance with the provisions of the new policy, adjust the scope of a one-time grants for the disabled is after 1 January 2011 were identified as work-related injuries of employees.

    Change3: the employer or third party does not pay for treatment of inductrial injury insurance, fund payment in advance

   Practitioners of the employer fails to pay the work-related injury insurance premiums, the occurrence of accidents, the employer shall pay the work-related injury insurance benefits. The employing units do not pay, pay in advance from the work-related injury insurance fund. Payment in advance from fund of inductrial injury insurance in the treatment of inductrial injury insurance shall be paid by the employer. The employer does not repay, work injury insurance agencies can be in accordance with the provisions of compensation. Because the third party causes injury, third people do not pay inductrial injury medical expenses or unsure about third people, paid by the work-related injury insurance fund. The work-related injury insurance fund to pay, have the right to claim compensation from the third person.

    Case:Xiao Song injury, were identified as work-related disability grade four, unit fails to pay industrial injury insurance premium according to the provisions, and not to pay a small Song treatment of inductrial injury insurance. The implementation of social insurance law, like small song this situation, will the fund of inductrial injury insurance to guarantee. The work-related injury insurance fund to pay, payment made by the employer, the employer is not repaid, agencies and recourse to the unit, the protection of workers enjoy treatment of inductrial injury insurance. "Social insurance law" does not participate in work injury insurance and refusing to assist the ascertainment of a work-related injury investigation and verification of the employing units, increased administrative penalties, increase the mandatory insurance.

Maternity insurance: plan hair base to the average monthly wage for the unit last year

   The city plan hair base and a corresponding adjustment to the maternity insurance treatment payment channel, living allowance. Working women enjoy maternity allowance and birth medical subsidies by the urban childbearing insurance fund payment.
 
   In accordance with the provisions of the policy after adjusting, the standard monthly maternity allowance of working women, from the original I production or abortion the urban old-age insurance premium payment base, adjusting for my production or abortion where the average wage unit with the worker of the year on june.

   The working women in production or abortion worker of the year on the average monthly wage the employer of the city than in the previous year worker is mean monthly salary of 300%, according to the 300% plan hair; lower than the annual average wage of workers 60%, at 60%, but lower than the minimum standards of human resource and social security of family life grant authority, according to the minimum standard gauge. Working women in production or abortion where the average monthly wage of worker of the year on the employing units of the city than workers in the city last year the average monthly salary of more than 300%, the higher part by the employer compensation.

 

 

 

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